Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Duration of consent

123: Duration of consent

You could also call this:

“This law explains how long different types of permissions last when you're allowed to do something special with land or water.”

You need to know about how long resource consents last. This is called the ‘duration of consent’.

For a coastal permit or land use consent that involves reclamation (making new land), the consent lasts forever unless the consent says otherwise.

For other land use consents or subdivision consents, they also last forever unless the consent says differently.

For other coastal permits or land use consents that would normally not be allowed under section 13, the consent can last up to 35 years. The exact time will be written in the consent. If no time is given, it lasts for 5 years from when it starts.

For all other resource consents, they can last up to 35 years from when they’re given. The exact time will be in the consent. If no time is given, it lasts for 5 years from when it starts.

There are some exceptions to these rules in sections 123A and 125 of the Resource Management Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235205.

Topics:
Environment and resources > Land use
Environment and resources > Conservation
Government and voting > Local councils
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122: Consents not real or personal property, or

“Resource consents are not owned like regular property, but special rules apply when the holder dies or goes bankrupt.”

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123A: Duration of consent for aquaculture activities, or

“A coastal permit for fish farming must say how long it lasts, usually between 20 and 35 years.”

Part 6 Resource consents
Duration of consent

123Duration of consent

  1. Except as provided in section 123A or 125,—

  2. the period for which a coastal permit for a reclamation, or a land use consent in respect of a reclamation that would otherwise contravene section 13, is granted is unlimited, unless otherwise specified in the consent:
    1. subject to paragraph (c), the period for which any other land use consent, or a subdivision consent, is granted is unlimited, unless otherwise specified in the consent:
      1. the period for which any other coastal permit, or any other land use consent to do something that would otherwise contravene section 13, is granted is such period, not exceeding 35 years, as is specified in the consent and if no such period is specified, is 5 years from the date of commencement of the consent under section 116:
        1. the period for which any other resource consent is granted is the period (not exceeding 35 years from the date of granting) specified in the consent and, if no such period is specified, is 5 years from the date of commencement of the consent under section 116.

          Notes
          • Section 123: amended, on , by section 30 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).